PHENION DEVELOPMENT GROUP, INC., ET AL., APPELLANT,
v.
WILLARD PALMER AND GENE GRIMES, APPELLEES
PHENION DEVELOPMENT GROUP, INC., ET AL., APPELLANT,
WILLARD PALMER AND GENE GRIMES, APPELLEES
940 So. 2d 1190
Florida District Court of Appeal, Fifth District (2006)
Caution
Cited by 16 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Phenion Dev. Group, Inc. v. Love, Case No. 5D06-1710, 940 So. 2d 1179, 2006 WL 2785515 (Fla. Sept. 29, 2006).
THOMPSON, PALMER and LAWSON, JJ., concur.
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Stander v. Dispoz-O-Products, Inc., 973 So. 2d 603 (Fla. 4th DCA 2008)…o plaintiff can amend, a party who does not seek to amend in the trial court cannot raise the issue of amendment for the first time on appeal. Lutz v. Protective Life Ins. Co., 951 So. 2d 884, 888 (Fla. 4th DCA 2007); Merkle v. Health Options, Inc., 940 So. 2d 1190 (Fla. 4th DCA 2006); Century 21 Admiral's Port, Inc. v. Walker, 471 So. 2d 544, 545 (Fla. 3d DCA 1985); Johnson v. RCA Corp., 395 So. 2d 1262 (Fla. 3d DCA 1981). As we noted earlier, the defendant moved to dismiss the complaint because the complain…1 / 2
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Blue Cross Blue Shield OF Fla., Inc. v. Outpatient Surgery Ctr. OF ST. Augustine, 66 So. 3d 952 (Fla. 1st DCA 2011)…e Health Sys., Inc. v. Agency for Health Care Admin., 940 So. 2d 563, 569 (Fla. 2d DCA 2006) (concluding that section 408.7057“creates a voluntary process that is an alternative to the formal administrative process”); Merkle v. Health Options, Inc., 940 So. 2d 1190 (Fla. 4th DCA 2006) (finding “no indication in section 408.7057 that the dispute resolution process is mandatory”); Adventist Health Sys./Sunbelt, Inc. v. Blue Cross and Blue Shield, 934 So. 2d 602, 604 n. 2 (Fla. 5th DCA 2006) (denying that “the st…1 / 2
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MacNeil v. Crestview Hosp. Corp., 292 So. 3d 840 (Fla. 1st DCA 2020)…ed breach of contract); Payne v. Humana Hosp. Orange Park, 661 So. 2d 1239, 1242 (Fla. 1st DCA 1995) (holding that plaintiff stated a cause of action for return of money had and received and for declaratory judgment); Merkle v. Health Options, Inc., 940 So. 2d 1190, 1200 (Fla. 4th DCA 2006) (reversing dismissal of claim for declaratory relief where a private cause of action was implied under statute and where plaintiff sued for unjust enrichment, quantum meruit, and account stated). In contrast, MacNeil assert…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Phenion Dev. Grp., Inc. v. Love, 940 So. 2d 1179 (Fla. 5th DCA 2006)